This division shall be known and may be cited as “The Local Health Care District Law.” Any reference in any statute to the Local Hospital District Law shall be deemed a reference to the Local Health Care District Law, and any reference in any statute to a hospital district shall be deemed to be a reference to a health care district.
Chapter 1Formation of District
Section § 32000
This law section is officially called "The Local Health Care District Law." It states that any mention of the old name, "Local Hospital District Law," or "hospital district" in other laws should now be understood as referring to the new name, "Local Health Care District Law," or simply "health care district."
Local Health Care District Law Local Hospital District Law hospital district health care district name change statutory references legal citation district name update statute interpretation law renaming
Section § 32000.1
This law clarifies terminology within this division. "Hospital district" or "district" is now referred to as "health care district," and "hospital administrator" or "administrator" is to be called "chief executive officer." Additionally, a "health care facility" includes both health facilities as described in Section 1250 and clinics as described in Section 1204.
For purposes of this division, both of the following shall apply:
(a)CA Health and Safety Code § 32000.1(a)
Any reference to “hospital district” or “district” shall mean “health care district,” and any reference to “hospital administrator” or “administrator” shall mean “chief executive officer.”
(b)CA Health and Safety Code § 32000.1(b)
“Health care facility” shall mean a health facility as defined in Section 1250 and a clinic as defined in Section 1204.
health care district chief executive officer health care facility definition hospital district terminology hospital administrator title Section 1250 Section 1204 clinic definition health facility definition terminology update district name change
Section § 32001
This law allows the creation and management of local hospital districts in California. These districts can be made up of areas in one or more counties, and they don't have to be all in one piece. However, parts of a city can't be split up when forming a district. Additionally, any land that wouldn't benefit from being in the district shouldn't be included.
A local hospital district may be organized, incorporated and managed, as provided in this division and may exercise the powers herein granted or necessarily implied. Such a district may include incorporated or unincorporated territory, or both, or territory in any one or more counties. The territory comprising this district need not be contiguous but the territory of a municipal corporation shall not be divided; provided, that land either in a municipal corporation or in unincorporated territory which the supervising authority finds will not be benefited shall not be included.
local hospital district incorporated territory unincorporated territory county boundaries non-contiguous territory municipal corporation territorial inclusion benefit determination district organization hospital district management
Section § 32002
This section explains how local hospital districts are formed and how hospital district elections are held, pointing to other parts of California law for specific procedures. To start forming a hospital district, feedback on the need for new health facilities must be collected from the Office of Statewide Health Planning and Development and relevant area health planning agencies. These agencies have 60 days to provide their comments, or their silence will be taken as having no comment.
The manner of formation of local hospital districts, and the conducting of all hospital district elections, unless otherwise provided in this division shall be as in the manner provided, respectively, by Chapter 1 (commencing with Section 58000) of Division 2 of Title 6 of the Government Code, and Part 3 (commencing with Section 10400) and Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. Except as provided in this division, these provisions are hereby incorporated in this division by reference and shall have the same effect and force as if fully set forth herein. In addition to all other requirements regarding formation of hospital districts, no hearing upon the petition to form a hospital district shall be held until comments and recommendations of the Office of Statewide Health Planning and Development and each area health planning agency having territory within the proposed district, concerning the need for new or additional health facilities in the area to be served by the proposed district have been filed with the supervising authority. The Office of Statewide Health Planning and Development and the area health planning agency or agencies shall submit these comments and recommendations to the supervising authority within 60 days after receiving a request therefor from the proponents. Failure to submit these comments to the supervising body within 60 days shall be deemed to constitute a “no comment” response.
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Section § 32002.31
This law section outlines the process for notifying and analyzing a proposed district formation election. Once the election is called, the legislative body must inform the local agency formation commission's executive officer within five days via registered mail. This notification includes details about the proposed district, such as its name and description. The executive officer has five days to provide an impartial analysis of the proposal, under 500 words, which includes the district's boundaries. The commission then has another five days to approve or adjust this analysis and send it to those conducting the election.
Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election.
The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed.
The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election.
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Section § 32002.32
This law allows the board of supervisors or any of its authorized members, as well as any voter or group of citizens who can vote on forming a new district, to submit written arguments supporting or opposing the district formation. These arguments must be no more than 300 words and submitted at least 54 days before the election date for creating the district.
The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.
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Section § 32002.33
This law section explains what happens if there are multiple arguments either for or against forming a new district in California. When this occurs, the election officials must choose one argument to share with voters. They have a preference order for selecting these arguments. First, they look at those from the board of supervisors or its authorized members. Second, they consider arguments by individual voters or legitimate citizen groups.
If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters.
In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following:
(a)CA Health and Safety Code § 32002.33(a)
The board of supervisors or any member or members of the board authorized by the board.
(b)CA Health and Safety Code § 32002.33(b)
Individual voters or bona fide associations of citizens or a combination of such voters and associations.
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Section § 32002.34
This section deals with the responsibilities of election officials during a district formation election. They must print and send a ballot pamphlet to every voter who can vote on the district's establishment. This pamphlet must include the full text of the proposition, an impartial analysis by the local agency formation commission, a supporting argument, and an opposing argument for the district formation. It must reach voters at least 10 days before the election. The pamphlet is considered official election material.
The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following, in the order prescribed:
(a)CA Health and Safety Code § 32002.34(a)
The complete text of the proposition.
(b)CA Health and Safety Code § 32002.34(b)
The impartial analysis of the proposition, prepared by the local agency formation commission.
(c)CA Health and Safety Code § 32002.34(c)
The argument for the proposed district formation.
(d)CA Health and Safety Code § 32002.34(d)
The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.
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Section § 32003
If people want to create a local hospital district, they need to submit a petition at a regular county meeting. This petition must be signed by at least 12% of registered voters in the area where the district is being proposed, based on voter numbers 30 days before filing. To stop the district from being formed, a majority of voters in the area need to file a written protest.
If most voters in the proposed district support forming the district, the county authorities will officially recognize it as an organized district, give it a name, and define its boundaries. The county that declares it organized will be known as the 'organizing county.'
Whenever the formation of a local hospital district is desired, a petition may be presented at a regular meeting of the supervising authority of the county in which the land, or a greater portion of the land, in the proposed district is situated, said petition to be signed by the registered voters residing within the boundaries of the proposed district, equal in number to at least 12 percent of the voters registered within the boundaries of the proposed district 30 days prior to the date the petition is filed. The number of written protests required to terminate the proceedings shall be a majority of the registered voters residing in the proposed district.
If a majority of all the votes cast in the proposed district are in favor of organization, the supervising authority by resolution entered on its minutes shall declare the district duly organized under this act, shall give the name of the district as theretofore designated and shall describe the boundaries of such district. The county whose supervising authority declares the district organized shall be designated the “organizing county.”
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